Gay couple files lawsuit after being denied marriage license

Sandoval Co. Clerk says a judge must give her the order

A Sandoval County couple is filing a lawsuit after being denied a same-sex marriage license.

Carolyn VanHousen and Gail Gering have been in a committed relationship for about 18 years. The two have tried to get married in the past, but Wednesday, as six counties across the state allow same-sex marriage, they wanted to make it official where they live.

"We asked the clerk for a license. She politely, but resolutely, said no," said Gering.

The couple live in Sandoval County, one of the many areas that still aren't issuing the licenses.

They say it is upsetting, but they knew it probably wouldn't happen for them Wednesday.

"I really didn't have high hopes that we would be issued a license," VanHousen said.

So, with the help of the ACLU, the couple is filing a lawsuit to get the county to give them a marriage license.

"It's part of the process that needs to happen in order for all the counties in New Mexico to be able to issue licenses," said Gering.

Sandoval County Clerk Eileen Garbagni says she won't issue the certificates until a judge gives her the go-ahead.

The couple says they're confident the lawsuit will make that happen. The ACLU plans to file on Thursday.

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